10 diverse high school students sit outside on a bench

Immigration Issues Guidance for Educators

NEA’s resources for teachers, school staff, and others to be prepared for immigration enforcement actions in your communities.

All students, regardless of race, background, immigration status, or ZIP code, deserve to feel safe and welcomed at school.

Families trust schools to be places where children can learn without fear.

But Donald Trump’s immigration policies and actions have created fear and upheaval, mass panic, and lasting trauma, not only in our communities but also in our schools.

It is not only immigrant parents and their children who are affected. Immigration raids, detentions, and deportations impact the entire school community. Students cannot learn when they are afraid for their safety or the safety of their families, friends, and educators. When immigration enforcement occurs near schools, educators report that student attendance drops, classrooms and lessons are disrupted, and the demand for counseling and mental health support rises as students cope with fear and uncertainty.

Educators, parents, and school administrators must be prepared for the impact that immigration issues can have on schools and our communities.

To that end, the following guidance lays out information regarding immigration and schools, including information around enrollment issues, Plyler v. Doe, Safe Zones resolutions, how educators can safely engage in immigration advocacy, a FAQ and Know your Rights guide around immigration enforcement and safely observing ICE, information on the FAFSA process, and an update on the DACA program.

NEA strongly encourages schools and school districts to adopt a Safe Zones policy that outlines what educators, and staff should do if ICE attempts to engage in immigration enforcement at schools. Hundreds of school districts around the country already have adopted a Safe Zones policy. The appendix at the end contains a model Safe Zones resolution, a model district policy and an FAQ on such policies for your use (Appendix A). If your school district has not yet adopted such a policy, we encourage you to take proactive action to ensure your schools are safe for all students.

This guidance and resources may be shared widely with anyone who wants schools to be places where children can learn without fear.

A student in a classroom posed with her fist to cheek looks off into the distance while other students work in the background.

Frequently Asked Questions about Immigration Enforcement

Answers to common questions about immigration enforcement, including raids, workplace actions, and school-related activity—designed to help educators and families understand risks, rights, and how to prepare.

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A person standing in front of the U.S. Capitol holding a sign that says, "Migrants are People."

How Educators Can Safely Engage in Immigration Advocacy

If you are a public school teacher, education support professional, or other public worker, you have certain rights when advocating for immigrant students’ rights and immigration reform.

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Know Your Rights During Immigration Enforcement

Understand your legal rights during interactions with immigration enforcement. This page provides essential information on what to do at home, in public, or at work, helping individuals and families stay safe, assert their rights, and make informed decisions in stressful situations.

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How to Safely Observe & Document ICE Activity

Learn how to safely and responsibly observe and document immigration enforcement activity. This page outlines your rights when recording in public spaces and provides practical guidance to help you gather information without interfering with law enforcement or putting yourself or others at risk.

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A group of smiling diverse kids huddled together in a classroom and looking at the camera.

Immigration Safe Zones

Schools and school districts should adopt a safe zones policy that outlines what administrators, educators, and staff should do if ICE attempts to engage in immigration enforcement at schools.

Learn more

DACA Program Update

Deferred Action for Childhood Arrivals (DACA) allows young immigrants who grew up in the U.S. to seek temporary protection from deportation and to have the ability to work. There are approximately 579,000 active DACA holders.

On January 17, 2025, the Fifth Circuit Court of Appeals ruled that the DACA program is unlawful, but limited the injunction blocking DACA protections only to the state of Texas and only to the work authorization component of DACA. The district court is now considering how the invalidation of DACA work authorizations should proceed in Texas. In Texas, DACA will now only provide protection from deportation but not work authorization or access to driver’s licenses. In the coming months, DACA recipients in Texas could lose their legal work authorization. However, that has not happened yet and current DACA recipients in Texas continue to have access to their current work permits as we await further action from the district court.

At this time, nothing has changed for current DACA recipients, including DACA recipients in Texas. At present, current DACA recipients keep their deferred action status and work permits until they expire and current DACA recipients are able to renew their DACA permits.

Employers can ask for an updated DACA permit if the expiration date is approaching or there is some reason to believe the employee has become undocumented and may terminate an individual’s employment absent DACA or some other legally recognized immigration status. An employer should only ask you for your work authorization once they offer you a job, not before.

As a result of the Fifth Circuit’s ruling, initial, first-time requests for DACA could be processed for all 50 states, including Texas. However, DHS has not started processing new DACA applications and there is no updated guidance from the federal government on this issue. If you have never applied for DACA, you should be cautious in filing an initial application for DACA because of the Trump administration’s anti-immigrant enforcement priorities. Consult with an immigration attorney to assess your personal risks before moving forward with an initial DACA request. DACA renewals continue to be accepted and processed and DACA recipients should continue to renew their permits. DACA recipients may qualify for another immigration benefit that could lead to permanent residence and not know it. Please consult with legal counsel to discuss potential options that may be available.

Migration Policy Institute, https://www.migrationpolicy.org/news/shrinking-number-daca-participants.

FAFSA Privacy Concerns

The Free Application for Federal Student Aid (FAFSA) is an application administered by the U.S. Department of Education that students and their families complete to apply for federal financial aid, such as grants, work-study programs, and loans. Many higher education institutions also require students to fill out the FAFSA in order to qualify for financial aid such as scholarships. Because the FAFSA provides personal information and details to the federal government, students from mixed-status families have raised concerns about filling out the FAFSA because of fears that the information provided on the FAFSA form may be used for deportation purposes. The Higher Education Act prohibits the use of FAFSA data for anything other than determining and awarding federal financial assistance. The Office of Federal Student Aid at the U.S. Department of Education has also stated that the Education Department will not share any information in violation of the Higher Education Act.

FAFSA information has not been used for immigration purposes in the past and no parents or other contributors on the FAFSA form have been targeted for immigration enforcement because of filing a FAFSA. However there is a possibility that the Trump administration could attempt to do so in the future.

California, New York, and Washington have developed their own financial need calculation tools for students who only want to be considered for state and local aid – all three tools specifically note that the data collected will not be provided to the federal government without a court order.

For more information on FAFSA, including updates, please visit the National College Attainment Network (NCAN) website.

Suggested Results

Immigration Issues Guidance for Educators

Frequently Asked Questions about Immigration Enforcement

How Educators Can Safely Engage in Immigration Advocacy

Know Your Rights During Immigration Enforcement

How to Safely Observe & Document ICE Activity

Immigration Safe Zones

DACA Program Update

FAFSA Privacy Concerns

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